Buffett ends suit over alleged trademark violation

Published 6:00 pm, Wednesday, November 29, 2006

Jimmy Buffett and a Galveston merchant he sued for unlawfully using Buffett's trademark at an online store have settled the matter _ but not before the merchant spent a few hours in jail.

The lawsuit filed earlier this month in federal court sought to shut down Robert Akard's Web site, http://www.underonehut.com. Buffett attorney Anthony Buzbee had accused Akard of unlawfully selling bootleg and marked-up Buffett items on the site. Among them were T-shirts and other items depicting either Buffett or slogans associated with him.

Akard's lawyer, Darrell Apffel, had called Buffett a financial empire trying to shut down a small business.

On Nov. 13, U.S. District Court Judge Samuel Kent issued a temporary restraining order telling Akard to shut down his site until the case was resolved. On Monday, Kent ordered Akard into custody for contempt of court after finding Akard had disregarded the order.

However, after spending a few hours in jail, Akard agreed to stop selling any item that bore Buffett's likeness or any of his registered slogans or images. Akard also must turn over all inventory bearing such images or slogans to Buffett's attorneys.

The order does not require Akard to shut down his site as long as all Buffett-related references are removed.

Phone messages from The Associated Press left Thursday with Buzbee and Apffel weren't immediately returned.